Dec. 5, 2018
06:40 am JST

Ok, he is refusing to admit to any wrongdoing and the Japanese cops are playing hardball because of it. I hope he sticks to his principles and does not bend just because THEY want him to cop to something!

Dec. 5, 2018
06:49 am JST

The new accusations are the same as the old ones just for different dates. Obviously they should have included the full period in the original arrest warrant. I fully expect the Tokyo court to deny this outrageous cynical abuse of the justice system.

Dec. 5, 2018
07:06 am JST

Dec. 5, 2018
07:07 am JST

prosecutor is on a power trip, definitely fueled by some very powerful interests in Japanese business /political circles...,the way JP justice works is that you need to show remorse, cry a bit and say sorry,regardless if what you did was actually illegal... I hope Ghosn doesnt break, the longer circus goes with no indictment, the worse it looks for the JP system and the more damage it inflicts on the foreign investment coming in.

Dec. 5, 2018
07:21 am JST

Thepolice do not have enough to charge him and can only hold on for a confession. If they release him, they will lose face.

Ghosn is shining a light on Japan's (in)justice system and the world looks on, realising that Japan has more in common with wealthy middle eastern countries than the west i.e. rich but socially backward.

Dec. 5, 2018
07:35 am JST

"Investigations basically determine the outcome of the process, not trials. The defense is often reduced to arguing for clemency in sentencing rather than trying to win the case."

-Kana Sasakura, professor at Konan University, commenting on the Carlos Ghosn case. Defense lawyers say any trial is effectively decided before it starts, with prosecutors enjoying a 99.9% success rate -- with confessions the key weapon at their disposal.

Dec. 5, 2018
07:41 am JST

Dec. 5, 2018
07:50 am JST

If they have evidence as you say, they, the police could officially serve him an arrest warrant and and turn him over to the public prosecutors for trial. Think about that.

They are producing new charges because it is possible they do not have enough evidence to win a trial with a "slam-dunk". The prosecutors here are loath to go to trial if they do not see themselves winning. Hence the over reliance on confessions.

Case in point the guy (foreigner) who pretty much got away with murder here by keeping his mouth shut, and was only found guilty of abandoning a body, because the cops didnt have a confession, nor enough evidence to officially arrest him for the crime of murder.

The same case could be said here, if they have the evidence to officially arrest him for trial, there is NO NEED to extend the investigation period as they could keep him in jail until his court date, but it would also allow his lawyers to apply for bail too. Which the cops dont want happening either.

Dec. 5, 2018
07:53 am JST

Amazing.... they keep trying to intimidate Ghosn into some kind of a confession. Heck.... we might even hear of a possible death penalty before long. People, you are witnessing Japan's filthy, dirty, scummy underbelly at its best right now. A whole government and its corporate institutions are bullying Ghosn.

Dec. 5, 2018
07:57 am JST

Prolonged harassment / intimidation / torture won't get the truth, it will only get a confession.﻿

Keep at it Japan, expose yourself before your peers. The giggles, titters and growing wall of laughter will soon turn on you into abject disgust. Lose face? You’re about to lose your underwear and THEN we will see just how much you ain't all that.

Dec. 5, 2018
07:58 am JST

This has become supremely embarrassing. 23 days of detention was absurd! Now, 46 days? 23 more days of questioning, eight hours a day without a lawyer present? The few visitors that are allowed to see him are forced to speak Japanese? Who in Japan supports this nonsense? Do we really desire such a hostage-based justice system?

Dec. 5, 2018
08:02 am JST

This is going to really set Japan's image back. This is the sort of "justice" people might expect in China, not Japan.

exactly. I said this yesterday. I'll say it again. In the same way that Jamal Khassogi's case has put the spotlight on Saudi Arabia's human rights violations hopefully the same will be done with this case to Japan.

The circumstances are entirely different, but there are similarities:

both men were internationally famous and both were the target of a state sponsored witchhunt that made international news far past what either government expected. And in both cases, the spotlight has been shown on each country's injustice system.

The important thing here is how western media is going to spin this and for how long.

Dec. 5, 2018
08:03 am JST

He should just confess that if it wasn't for his leadership the company of Nissan would have been just another casualty of a corrupt Japanese car company that went bust. He should also admit to never having the desire to speak Japanese or abide by Japanese culture as Nissan knew full well that their saving grace could only be a Gaijin C.E.O. from outside of Japan. In this throw away culture it's time to start throwing away our Nissans.

Dec. 5, 2018
08:14 am JST

Dec. 5, 2018
08:14 am JST

Japanese paper reported Kagoike and his his wife sent Uniclo winter clothes to Ghosn after his arrest. They were kept at the detention house Moritomo scandal for 300 days. They said they knew coldness of the detention house very well. They expressed sympathy to Ghosn and said he saved Nissan at least.

Dec. 5, 2018
08:14 am JST

@Akie. what? If you end up in jail you must do something wrong. Tell that to the thousands of falsely accused people that have gone to jail only to be released after the real truth came out. Or are you being sarcastic?

Dec. 5, 2018
08:16 am JST

Dec. 5, 2018
08:29 am JST

This has become supremely embarrassing. 23 days of detention was absurd! Now, 46 days?

Exactly. but also remember what the article said:

However, authorities can add further charges with fresh warrants, meaning a person can be detained indefinitely if a court approves it.

Some democracy huh?

23 more days of questioning, eight hours a day without a lawyer present? The few visitors that are allowed to see him are forced to speak Japanese?

3rd world country standards, no?

Who in Japan supports this nonsense?

The rightists who actually don't want real democracy and the apologists (both Japanese and foreign) who think that ANY criticism of any part of a Japanese practice is Japan-bashing. Pathetic, but true.

Do we really desire such a hostage-based justice system?

We don't. We value a country based on human rights and democracy. We denounce and attack rules and a system that makes victims out of anyone regarding of their race and gender, because it harm all of the members of society and compromises the future of our children.

Dec. 5, 2018
08:44 am JST

Dec. 5, 2018
08:49 am JST

Wow, whether he is guilty or not that has to been seen but I have never seen a Japanese businessman that was accused of financial fraud being treated like this. Usually they bow 90 degrees and it's finished. I really hope he doesn't break and does a forced confession. Truth should prevail.

Dec. 5, 2018
09:08 am JST

Dec. 5, 2018
09:38 am JST

Even if and if he does confess, after this amount of pressure, mental and otherwise any confession will be viewed as bogus and seen for what it is. A broken man willing to say anything to get out of Japan. The prosecution might pat themselves on the back, until he returns to France resumes being Chairman of the biggest shareholder of Nissan. No one is going to accept a confession as being in anyway legitimate nor hold it against him.

Dec. 5, 2018
09:39 am JST

Dec. 5, 2018
09:42 am JST

Ah, guilty until proven innocent. Welcome to the Japanese ‘injustice’ system. A new arrest warrant means more time in prison without any conviction. This is how Japan keeps its conviction rate so high. They lock people up without the basics of life until the crack and confess, which in a large percentage of cases, they confess to a crime they did not commit just to get out of solitary confinement. I’m glad Ghosn has stick to his guns and refusing to make a false confession, but he’s facing another 3-4 weeks in jail with these new charges.

Dec. 5, 2018
09:45 am JST

What a mess. No reason he should be detained again. Doesn't matter if he did it or not. The justice system should be based on evidence, hard facts. Totally not my field of expertise but, the prosecutors need to be fired or be given some serious pay cuts (because they clearly can't do the job they've been given) and the justice system in japan needs to be re-sculpted.

Dec. 5, 2018
09:45 am JST

Dec. 5, 2018
09:52 am JST

Once again the thinking that there is a simple solution to a complex problem is turning around and biting those that set it in motion. ‘Get the cops to arrest him, make an example; back to the good ole days.’

Now the whole Japanese justice system is under the international spotlight. Ghost gains more support every day he is held in these archaic conditions and isolation, and the tight lipped architects must be wondering what they have got themselves into. A spectacular clash of cultures on show for all. Let’s see how it all plays out shall we. Omoroine!

Dec. 5, 2018
09:59 am JST

Dec. 5, 2018
10:00 am JST

so a real life situation of

There Are Four Lights

Except it's a bunch of keystones, so it's not looking difficult to ignore them and destroy their world reputation everyday this continues

The hypocrisy, the karma, the ironies. I really hope this goes beyond this one case and helps Japan realize that for many in the world we don't live this way. And for those that do, they are lesser nations. Sure we have our own failings, but this would be an opportunity to help correct these deep flaws. A spotlight can be a way out

Dec. 5, 2018
10:50 am JST

Dec. 5, 2018
10:55 am JST

Good to hear! Keep him locked up until all evidence is compiled. If released, there is a 100% chance he will destroy evidence and flee the country. No CEO is above the law, as much as some would like. He is done

Dec. 5, 2018
11:31 am JST

Confess, reduced sentence, pay a fine. In a couples years, get out, retire and enjoy the rest of life on tropical islands, 5 star hotels, golf, michilen star restaurants, supermodels, and Ferrari’s. He must have almost a billion stashed offshore.

Dec. 5, 2018
11:37 am JST

@Kenji. In my jaywalking arrest I was detained and told I must stay locked up for 48 hours unless I confess. Absolutely no contact to the outside world. I couldn’t pick up my boy or contact my partner. I confessed and got out after 7 hours.

Dec. 5, 2018
12:21 pm JST

Dec. 5, 2018
12:26 pm JST

After a month of a detention for a paper technicality , I personally would develop a hell of a grudge towards Nissan and the accusers, a person as powerful as him internationally definitely will have the resources to burn Nissan to the ground as revenge..., it looks to me like a typical Japanese powerplay, but they definitely have miscalculated ,because while a Japanese typical CEO would admit wrong, sorry and get golden retirement in shame.. its extremely unlikely for a foreigner triple CEO to do that... cant wait for updates on Nissan for years to come...

Dec. 5, 2018
12:37 pm JST

Oddly enough after WW2 our Constitution was written by Americans. Yet we don't follow it in full. That part I can never understand why we don't follow it in full. A lot may have been modified since then.. But corporate law and accounting laws are identical. For a Japanese to do an American CPA exam can practice accounting in Japan actually.

Dec. 5, 2018
12:38 pm JST

This has to be one of the more entertaining comment boards I have seen. Detention for j-walking, comments from Akie, and then indications that Ghosn will take down Nissan after all of this.

At this point for the people involved to back down and release Ghosn would cause a tremendous loss of face and would invite further international scrutiny. It will be interesting to see if they break Ghosn and get a confession out of him (which is the obvious intention) or if this goes to court.

I would personally like to see this go to trial but it seems that may be the last thing the prosecution wants (or whoever is pulling their strings) wants at this point in time.

Dec. 5, 2018
12:47 pm JST

Many people above are viewing and criticizing Japanese justice system through western standards : that's utterly wrong to do so.

It doesn't mean that because one country has different laws, history, culture that they are necessarily wrong when they don't fit your personal views on a specific matter.

In Ghosn's case, it doesn't matter how things might have been handled elsewhere ; all that matters is to know how his case is handled by Japanese justice system, and to understand that everything until now is perfectly legal, whether rightdoing or wrongdoing you may think it is.

Here is a interesting press article from japantimes.co.jp that offers an insight into the Japanese criminal justice :

Dec. 5, 2018
12:54 pm JST

The prosecutors have evidence - more than what is public.That why they can play hardball.

if theyve got evidence why the need for a confession, take it straight to court lay out all the evidence for everybody too see and see if it gets a conviction. Ghousn isnt Japanese so hes unlikely to crack under J cultural pressures, this is going to backfire badly on Japan and the J legal system.

Dec. 5, 2018
12:55 pm JST

John - I know several Japanese also criticizing this system as well. I am a Permanent Resident here, have paid taxes for more than 2 decades and will likely remain here.

Are you implying I have no right to criticize anything in Japan?

What I believe you are saying is that the prosecutors are operating within the framework of what is legal in Japan regarding detention. Your statement is a true statement and many people commenting on this are not saying otherwise.

I personally think the system is wrong and outdated at best. If the prosecution is so confident he is guilty of something, gather the evidence, press charges, and go to trial. If they are not certain he is guilty of something or are lazy and would rather have a confession then he should be released. Take his passport if he is a flight risk and make a condition of his release that he cannot enter any Nissan facility. Keeping him locked up and ensuring he is unable to defend himself is wrong.

To me it gives the impression that the Japanese prosecution, investigators, and law enforcement are not competent and lack confidence in their case.

Dec. 5, 2018
01:21 pm JST

A fresh arrest warrant will have to be issued by a judge.

So, the question is : will the judge do what a judge is supposed to do, look at the evidence, listen to the defendant, assume innocence, (and listen to any complaints by the defendant), and only make a decision to incarcerate if the evidence against him is overwhelming or if the defendant is a danger to the public?

Dec. 5, 2018
01:51 pm JST

I'm not saying anything, I'm just reporting what other people are saying about this case trying to have an overview of the matter.

I didn't say Japanese justice system is perfect. I don't even think one country has the perfect justice system.

Of course you can criticize the Japanese justice system, that's not the question.

But when I see so many comments (since the beginning of the press articles here in JT about Ghosn's case) saying Japanese justice system is mean, is so wrong, is BS or whatsoever, only because western standards don't apply here, I feel entitled to say that is utterly wrong. Because western standards do not apply everywhere in the world, wheteher people may like it or not.

For example, as I lived quite some time in France, I can tell you that such a case in France, with the French justice system, CEO don't even get arrested in the first place. Such case would have ended in dismissal in no time before people begin to understand what was all about. Dismissal, even with deaths reported in pharmaceutical or health scandals. No kidding, really.

I wish the French way of handling such cases never ever end in Japan.

And lastly, prosecutors in Japan are not obligated to go to trial asap, because that's how the Japanese justice system works, and it doesn't mean they are necessarily lacking evidence to do so. Read the full article on japantimes which I put the link to, so interesting.

Dec. 5, 2018
02:17 pm JST

Serving another arrest warrant on the same charge with only the dates changed is abuse of process and should be thrown out by any sensible judge. However, this is Japan, and the warrant will be granted.

Ghosn's best bet is to remain silent during the interrogations. Let the clowns running the investigation do all the work themselves.

Dec. 5, 2018
02:22 pm JST

@ John, just because it is or is not a law does not make it right. My question to you is: if your son or daughter was accused of a financial crime, would you consider it fair that he or she continually be locked and pressured to confess to a crime her or she did not possibly commit. This is a financial crime, not holding up a bank, not beating someone to death, not strangling someone. Ultimately, yes, each country has their way of dealing with crime, but I firmly believe that a justice system needs to be that.... just. Japan's detention laws are unjust.

Dec. 5, 2018
02:59 pm JST

but the whole Japanese justice system hasn't been drawn up specifically against Ghosn, nothing is brand new, although many people (including myself) are discovering it.

In Japan, at least from what I understand, if prosecutors have for example a financial crime on one side and something connecting it to a suspect on the other side, that's enough evidence (though it will appear quite vague compared to western justice system) to make an arrest on that charge.

I know that's not how things are done in many parts of the world, but that's how it works in Japan, whether is may be questionable or not.

So the prosecutors likely have something. Moreover, they control the narrative and are not obligated to tell everything to everyone now.

Dec. 5, 2018
03:06 pm JST

In last night's news on national TV they said that prosecution is about to press the new charges. What rose my attention was the way they conveyed the news. It really sounded like the charges are equal to wrongdoing (without mentioning anything about evidence). So the vast public will get the impression the guy is greedy, evil, under-reported - he did it - period! This is very symptomatic for the society and the media.

Dec. 5, 2018
04:18 pm JST

Seems the whole damn board of Nissan should have been arrested.

HONG KONG (Reuters) - A leading corporate governance advocate said the board of Japanese carmaker Nissan must accept collective responsibility over alleged disclosure failings that led to the ousting of chairman Carlos Ghosn.

The remarks by Jamie Allen, secretary-general of the Asian Corporate Governance Association (ACGA), come as a biennial survey by the ACGA and CLSA, an Asia-focused brokerage, showed Japan sliding three places to seventh in a regional ranking of governance standards - the worst decline in performance of any country.

Dec. 5, 2018
04:30 pm JST

JohnToday 12:47 pm JST

Many people above are viewing and criticizing Japanese justice system through western standards : that's utterly wrong to do so.

No it's not. Western standards of criminal justice are quite a lot higher. Police and prosecutors can do more or less as they please here and judges just rubber stamp it. Or don't you find a 99% conviction rate just a bit suspicious?

I wouldn't criticise the Japanese system at all if I thought it punished crime or protected the innocent any better than western justice systems do, but I don't think it does at all. How the Japanese police, prosecutors and courts treat suspects is not something to draw any good lessons from.

It doesn't mean that because one country has different laws, history, culture that they are necessarily wrong when they don't fit your personal views on a specific matter.

In this case they ARE wrong. Or do you think it is justifiable in any society, Japanese or otherwise, to deny a suspect access to legal representation in police interviews or put them in tiny cells with windows they can't see out of?

JohnToday 01:51 pm JST

For example, as I lived quite some time in France, I can tell you that such a case in France, with the French justice system, CEO don't even get arrested in the first place.

Terrible. Plenty of Japanese CEOs and politicians have never seen the inside of a custody cell either. Shinzo Abe, for instance, and there's probably more dirt going around on him than on Carlos Ghosn.

And lastly, prosecutors in Japan are not obligated to go to trial asap, because that's how the Japanese justice system works, and it doesn't mean they are necessarily lacking evidence to do so.

If they have enough evidence to make a convincing case, why hang around? The only response to that seems to be:

semperfiToday 02:22 pm JST

The prosecution had the evidence all along.

I do not know why they wait for a confession - but it seems to be how it works i n Japan.

Dec. 5, 2018
04:58 pm JST

Dec. 5, 2018
05:04 pm JST

This is one hell of a come down for Mr Gosan, in one day, from all the trapping of a luxurious house/appartment, TV, heating, food, wine, etc, to a 7 mtr cold square concrete box with nothing. now that's hard to adjust to.

Dec. 5, 2018
05:17 pm JST

Legally speaking, if you are end up in a jail, you must do something wrong.

In the eyes of criminals, everything they do is not crimes.

Here, Akie, we look a little bit into the eyes of the Japanese psyche. Japan technically has a presumption of innocence, but this is nothing more than a superficial technicality. It makes Japan outwardly "Western" yet inwardly it rejects such notions.

In the eyes of Japanese, to be detained on suspicion of crime is as good as guilt.

You use "jail" interchangeably with detention/remand and work on the assumption that anyone who is locked up is guilty and is a criminal.

My position is that I do not know whether he is guilty - that is for a court to decide based on the evidence. However, there should be a presumption of innocence and he should not be kept in a state of punishment.

If the authorities have the evidence to charge him then it should do so - otherwise he should be released.

Dec. 5, 2018
09:04 pm JST

Ghosn's best bet is to remain silent during the interrogations. Let the clowns running the investigation do all the work themselves. thats his best option , but theyll spin some excuse that hes guilty and hiding something because he wont (make a false confession) oops speak. Japans legal logic in a nutshell

Dec. 5, 2018
09:07 pm JST

just now but it could be a taste of whats coming---years of the same to contemplate---saru mo ki kara ochiru! probably not Japanese but delfinetly gaijin, you know because Japan is human society and all

Dec. 5, 2018
09:13 pm JST

No CEO is above the law, as much as some would like. He is done

no 1st world country legal system accepts speculation as evidence, except maybe Japan , afterall Ghosn was fired by Nissan, Mitsubishi and he hasnt even been convicted of anything yet. Since your so certian your speculation is correct you better send what you have to the prosecutors it may help them get that forced confession.

Dec. 6, 2018
01:10 am JST

Consider this.

In Japan, police and prosecutors hold someone in perpetuity on the basis that releasing the suspect creates a risk that the suspect will destroy evidence. This is the defacto reason prosecutors hold suspects. Nearly every person arrested is held permanently on this basis.

When the suspect is held like that, ALL information regarding their case is also controlled by police. This means that, for example, if Ghosn recalls some information that may be able to help his case, he has to relay that to his lawyers during an in person visit. The lawyers need to try to find out what is going on without Ghosn having any way to review his documentation. When you're talking about tens of thousands of documents and files, it is nearly impossible.

Not only that, even if the lawyer finds documents which may be relevant to Ghosn's defense, if he tries to pass the documents along to Ghosn, the chances are high that they will be blocked by the detention facility police on the basis that they're related to his "crime".

In otherwords, not only are they holding him without putting him on trial first, they're actively preventing him from defending himself.

This is the case for virtually every person who is arrested in Japan.

Police have unlimited power in Japan, and the entire system is stacked against you, to make sure that you cannot defend yourself. And if you think that only guilty people get arrested by the police, you're wrong, especially for a foreigner. All it takes is a single person to make an an anonymous tip against you. If you're a foreigner, an anonymous tip from someone who does not like you, about ANYTHING, is reasonable grounds to arrest you.

The police and immigration authorities in Japan have numerous laws on the books that enable them to detain and arrest foreigners without warrants at any time of the day, on the street or at their houses without probable cause as the modern world would interpret it.

Dec. 6, 2018
06:30 am JST

In many countries people charged with committing crimes or offences are imprisoned pending trial. Remand or bail is at the discretion of the Judge/Magistrate. The Court Of Public Opinion doesn't have a say in such matters no matter how unjust it thinks the decision is or how innocent it thinks the accused is. Rant and fume as much as they may!

Dec. 6, 2018
08:39 am JST

seadog538Today 06:30 am JST

In many countries people charged with committing crimes or offences are imprisoned pending trial.

In some of those countries such detention is only permissible if the police have charged the suspect after gathering sufficient evidence for prosecutors to have a chance of securing a conviction from judges who aren't in collusion with them. In Japan mere suspicion of a crime appears to be all the police and prosecutors need to get someone detained for as long as they feel like.

Dec. 6, 2018
04:21 pm JST

paradoxbox , although you are right regarding the system , you are wrong on these two paragraphs:

When the suspect is held like that, ALL information regarding their case is also controlled by police. This means that, for example, if Ghosn recalls some information that may be able to help his case, he has to relay that to his lawyers during an in person visit. The lawyers need to try to find out what is going on without Ghosn having any way to review his documentation. When you're talking about tens of thousands of documents and files, it is nearly impossible.

Not only that, even if the lawyer finds documents which may be relevant to Ghosn's defense, if he tries to pass the documents along to Ghosn, the chances are high that they will be blocked by the detention facility police on the basis that they're related to his "crime".

The police are not allowed to monitor lawyer / arrested communication and although a communication is thru a barrier, there is ample opportunity to review documents and prepare for trial .. ( otherwise lawyers would not be needed at all )